Atlantic Coast Line Co v. Driggers

• Decision Date: 03 June 1929
• Docket Number: No. 225,225
• Citation: 73 L.Ed. 957,49 S.Ct. 490,279 U.S. 787
• Parties: ATLANTIC COAST LINE R. CO. v. DRIGGERS
• Court: U.S. Supreme Court

279 U.S. 787

49 S.Ct. 490

73 L.Ed. 957

ATLANTIC COAST LINE R. CO.

v DRIGGERS.

No. 225.

Argued April 9 and 10, 1929.

Decided June 3, 1929.

Mr. Thomas W. Davis, of Wilmington, N. C., for petitioner.

Mr. Louis M. Shinel, of Charleston, S. C., for respondent.

Mr. Justice SANFORD delivered the opinion of the Court.

William A. Driggers, an employee of the Railroad Company, suffered personal injuries that resulted in his death. The administratrix of his estate brought this action against the Railroad Company in a common pleas court of South Carolina. At the conclusion of the evidence the Railroad Company moved for a directed verdict. This was denied. The jury found for the administratrix; and the judgment entered on the verdict was affirmed by the Supreme Court of the State.

It is unquestioned that the case is controlled by the Federal Employers' Liability Act (45 USCA §§ 51-59), under which it was prosecuted. Therefore, if it appears from the record that under the applicable principles of law as interpreted by the Federal courts, the evidence was not sufficient in kind or amount to warrant a finding that the negligence of the Railroad Company was the cause of the death, the judgment must be reversed. Atlantic Coast Line R. Co. v. Davis, 279 U. S. 34, 35, 49 S. Ct. 210 (73 L. Ed. —), and cases cited. Driggers had been employed by the Railroad Company for about five years, and for about six months had been a member of a switching crew. He was injured by stepping off the footboard of the switch engine while it was in motion and striking the engine of a local passenger train that was passing along an adjacent track.

The scene of the accident was about three miles north of Charleston, within the yard limits, at a point where the Railroad Company has parallel double tracks, running north and south; the eastern being the northbound main line; and the western, the southbound main line. These lines are about 12 feet apart measured from center to center, with a clearance of 7 feet 8 1/2 inches from rail to rail. The tracks are practically straight, and for a distance of about 2,000 feet to the north there is no obstruction to the view along the tracks. Leading from the northbound main line there is a spur track-called the Etiwan Lead-running in a northeasterly course, on a northerly curve, to a coal yard. The switch for this spur track is controlled by a lever on the east side of the main line. In leaving the main line and proceeding along the spur track for about three car lengths, that is about 120 feet, the view to the north along the main line tracks was unobstructed; but beyond this distance there was shrubbery and a billboard on the north side of the track which obstructed the view to the north. This spur track was used by the switching crew every day, sometimes more than once. On the day of the accident-which was clear and bright-the switch engine left Charleston and went up the northbound main line for the purpose of transferring some cars on the Etiwan Lead to a connection point with the Southern Railway that was some distance to the north. To do this it was necessary to go on the spur track, cut out a car, return to the northbound main line with the cars to be transferred, and shove them up that line to the connection point where the cars were to be delivered.

On approaching the Etiwan Lead the conductor of the switching crew, after telling Driggers-who was the brakeman-to cut out a car, got down and opened the switch for the spur track. He then left the switch open,¹ and walked across the north and south lines and adjoining double tracks of the Southern Railway, to a point about 15 or 20...